5144.1 BP - Suspension and Expulsion/Due Process

Students  
Board Policy No. 5144.1
Policy Adopted:  February 5, 2015
Policy Revised: February 8, 2024

SUSPENSION AND EXPULSION/DUE PROCESS

The Governing Board desires to provide district students access to educational opportunities in an orderly school environment that protects their safety and security, ensures their welfare and well-being, and promotes their learning and development. The Board shall develop rules and regulations setting the standards of behavior expected of district students and the disciplinary processes and procedures for addressing violations of those standards, including suspension and/or expulsion.

The grounds for suspension and expulsion and the procedures for considering, recommending, and/or implementing suspension and expulsion shall be only those specified in law, in this policy, and in the accompanying administrative regulation.

Except when otherwise permitted by law, a student may be suspended or expelled only when the behavior is related to a school activity or school attendance occurring within any district school or another school district, regardless of when it occurs, including, but not limited to, the following: (Education Code 48900(s))

1. While on school grounds
2. While going to or coming from school
3. During the lunch period, whether on or off the school campus
4. During, going to, or coming from a school-sponsored activity

District staff shall enforce the rules concerning suspension and expulsion of students fairly, consistently, equally, and in accordance with the district's nondiscrimination policies.

Appropriate Use of Suspension Authority
Except when a student's act violates Education Code 48900(a)-(e), as listed in Items #1-5 under "Grounds for Suspension and Expulsion: Grades K-12" of the accompanying administrative regulation, or when the student's presence causes a danger to others, suspension shall be used only when other means of correction have failed to bring about proper conduct. (Education Code 48900.5, 48900.6)

A student's parents/guardians shall be notified as soon as possible when there is an escalating pattern of misbehavior that could lead to on-campus or off-campus suspension.

No student in grades K-8 may be suspended for disruption or willful defiance, except by a teacher pursuant to Education Code 48910. (Education Code 48900)

Students shall not be suspended or expelled for truancy, tardiness, or absenteeism from assigned school activities. 

On-Campus Suspension
To ensure the proper supervision and ongoing learning of students who are suspended for any of the reasons enumerated in Education Code 48900 and 48900.2, but who pose no imminent danger or threat to anyone at school and for whom expulsion proceedings have not been initiated, the Superintendent or designee shall establish a supervised suspension classroom program which meets the requirements of law.

Except where a supervised suspension is permitted by law for a student's first offense, supervised suspension shall be imposed only when other means of correction have failed to bring about proper conduct. (Education Code 48900.5)

Authority to Expel
A student may be expelled only by the Board. (Education Code 48918(j))

As required by law, the Superintendent or principal shall recommend expulsion and the Board shall expel any student found to have committed any of the following "mandatory recommendation and mandatory expulsion" acts at school or at a school activity off school grounds: (Education Code 48915)

1. Possessing a firearm which is not an imitation firearm, as verified by a certificated employee, unless the student had obtained prior written permission to possess the item from a certificated school employee, with the principal or designee's concurrence
2. Selling or otherwise furnishing a firearm
3. Brandishing a knife at another person
4. Unlawfully selling a controlled substance listed in Health and Safety Code 11053-11058
5. Committing or attempting to commit a sexual assault as defined in Penal Code 261, 266c, 286, 287, 288, or 289, or former 288a, or committing a sexual battery as defined in Penal Code 243.4
6. Possessing an explosive as defined in 18 USC 921

For all other violations listed in the accompanying administrative regulation, the Superintendent or principal shall have the discretion to recommend expulsion of a student. If expulsion is recommended, the Board shall order the student expelled only if it makes a finding of either or both of the following: (Education Code 48915(b) and (e))

1. That other means of correction are not feasible or have repeatedly failed to bring about proper conduct
2. That due to the nature of the violation, the presence of the student causes a continuing danger to the physical safety of the student or others

A vote to expel a student shall be taken in an open session of a Board meeting.

The Board may vote to suspend the enforcement of the expulsion order pursuant to the requirements of law and the accompanying administrative regulation. (Education Code 48917)

No student shall be expelled for disruption or willful defiance. (Education Code 48900)

No child enrolled in a preschool program shall be expelled except under limited circumstances as specified in AR 5148.3 - Preschool/Early Childhood Education.

Due Process
The Board shall provide for the fair and equitable treatment of students facing suspension and/or expulsion by affording them their due process rights under the law. The Superintendent or designee shall comply with procedures for notices, hearings, and appeals as specified in law and administrative regulation. (Education Code 48911, 48915, 48915.5, 48918)

Maintenance and Monitoring of Outcome Data
The Superintendent or designee shall maintain outcome data related to student suspensions and expulsions in accordance with Education Code 48900.8 and 48916.1, including, but not limited to, the number of students recommended for expulsion, the grounds for each recommended expulsion, the actions taken by the Board, the types of referral made after each expulsion, and the disposition of the students after the expulsion period.

For any expulsion that involves the possession of a firearm, such data shall include the name of the school and the type of firearm involved, as required pursuant to 20 USC 7961. Suspension and expulsion data shall be reported to the Board annually and to the California Department of Education when so required.

In presenting the report to the Board, the Superintendent or designee shall disaggregate data on suspensions and expulsions by school and by numerically significant student subgroups, including, but not limited to, ethnic subgroups, socioeconomically disadvantaged students, English learners, students with disabilities, foster youth, and homeless students. Based on the data, the Board shall address any identified disparities in the imposition of student discipline and shall determine whether and how the district is meeting its goals for improving school climate as specified in its local control and accountability plan.

Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.

State Code
Civ. Code 47, Privileged communication
Civ. Code 48.8, Defamation liability
Code of Civil Procedure 1985-1997, Production of evidence; means of production

Education Code
Ed. Code 17292.5, Program for expelled students; facilities
Ed. Code 1981-1983, Enrollment of students in community school
Ed. Code 212.5, Sexual harassment
Ed. Code 233, Hate violence
Ed. Code 32260-32262, Interagency School Safety Demonstration Act of 1985
Ed. Code 35145, Open board meetings
Ed. Code 35146, Closed sessions regarding suspensions
Ed. Code 35291, Rules for government and discipline of schools
Ed. Code 35291.5, Rules and procedures on school discipline
Ed. Code 48645.5, Former juvenile court school students; enrollment
Ed. Code 48660-48666, Community day schools
Ed. Code 48853-48853.5, Foster youth
Ed. Code 48900-48927, Suspension and expulsion
Ed. Code 48950, Speech and other communication
Ed. Code 48980, Parent/Guardian notifications
Ed. Code 49073-49079, Privacy of student records
Ed. Code 52052, Numerically significant student subgroups
Ed. Code 52060-52077, Local control and accountability plan

Ed. Code 64000-64001, Consolidated application
Ed. Code 8489-8489.1, Prohibition against expulsion of preschool student
Government Code
Gov. Code 11455.20, Informal hearing procedures
Gov. Code 54950-54963, The Ralph M. Brown Act
H&S Code 11014.5, Drug paraphernalia
H&S Code 11053-11059, Controlled substances; standards and schedules
Lab. Code 230.7, Employee time off to appear in school on behalf of a child
Pen. Code 240, Assault defined
Pen. Code 241.2, Assault fines
Pen. Code 242, Battery defined
Pen. Code 243.2, Battery on school property
Pen. Code 243.4, Sexual battery
Pen. Code 245, Assault with deadly weapon

Pen. Code 245.6, Hazing
Pen. Code 261, Rape defined
Pen. Code 266c, Unlawful sexual intercourse
Pen. Code 286, Sodomy defined
Pen. Code 287, Oral Copulation
Pen. Code 288, Lewd or lascivious acts with child under age 14
Pen. Code 289, Penetration of genital or anal openings
Pen. Code 31, Principal of a crime; defined
Pen. Code 417.27, Laser pointers
Pen. Code 422.55, Definition of hate crime
Pen. Code 422.6, Crimes; harassment
Pen. Code 422.7, Aggravating factors for punishment
Pen. Code 422.75, Enhanced penalties for hate crimes
Pen. Code 626.10, Dirks, daggers, knives, razors, or stun guns
Pen. Code 626.2, Entry upon campus after written notice of suspension or dismissal without permission
Pen. Code 626.9, Gun-Free School Zone Act of 1995
Pen. Code 868.5, Supporting person; attendance during testimony of witness
W&I Code 224.1, Indian child; definition

W&I Code 729.6, Counseling

Federal Code
18 USC 921, Definitions; firearms and ammunition
20 USC 1415(K), Students with disabilities; placement in alternative educational setting
20 USC 7961, Gun-Free Schools Act
42 USC 11431-11435, Education of homeless children and youths
Management Resources
Attorney General Opinion, 80 Ops.Cal.Atty.Gen. 348 (1997)
Attorney General Opinion, 80 Ops.Cal.Atty.Gen. 85 (1997)
Attorney General Opinion, 80 Ops.Cal.Atty.Gen. 91 (1997)
Attorney General Opinion, 84 Ops.Cal.Atty.Gen. 146 (2001)
Court Decision, Board of Education of Sacramento City Unified School District v. Sacramento County
Board of Education and Kenneth H. (2001) 85 Cal.App.4th 1321
Court Decision, Fremont Union High School District v. Santa Clara County Board (1991) 235 Cal. App. 3d 1182
Court Decision, Garcia v. Los Angeles Board of Education (1981) 123 Cal. App. 3d 807
Court Decision, John A. v. San Bernardino School District (1982) 33 Cal. 3d 301
Court Decision, T.H. v. San Diego Unified School District (2004) 122 Cal. App. 4th 1267
Court Decision, Woodbury v. Dempsey (2003) 108 Cal. App. 4th 421

U.S. DOE, Office for Civil Rights Publication, Dear Colleague Letter on the Nondiscriminatory
Administration of School Discipline, January 2014
Website, CSBA District and County Office of Education Legal Services
Website, U.S. Department of Education, Office of Safe and Healthy Students
Website, California Attorney General's Office
Website, California Department of Education
Website, CSBA
Website, U.S. Department of Education, Office for Civil Rights

Cross References

0450, Comprehensive Safety Plan
0450, Comprehensive Safety Plan
0460, Local Control And Accountability Plan
0460, Local Control And Accountability Plan
1114, District-Sponsored Social Media
1114, District-Sponsored Social Media
1312.3, Uniform Complaint Procedures
1312.3, Uniform Complaint Procedures
1312.3-E(1), Uniform Complaint Procedures

1312.3-E(2), Uniform Complaint Procedures
1313, Civility
3513.3, Tobacco-Free Schools
3513.3, Tobacco-Free Schools
3513.4, Drug And Alcohol Free Schools
3515, Campus Security
3515, Campus Security
3515.21, Unmanned Aircraft Systems (Drones)
3515.3, District Police/Security Department

3515.3, District Police/Security Department
3515.31, School Resource Officers
3515.4, Recovery For Property Loss Or Damage
3515.4, Recovery For Property Loss Or Damage
3516.2, Bomb Threats
4158, Employee Security
4158, Employee Security
4258, Employee Security
4258, Employee Security
4358, Employee Security
4358, Employee Security

5000, Concepts And Roles
5112.1, Exemptions From Attendance
5112.1, Exemptions From Attendance
5112.5, Open/Closed Campus
5113, Absences And Excuses
5113, Absences And Excuses
5113.1, Chronic Absence And Truancy
5113.1, Chronic Absence And Truancy
5113.11, Attendance Supervision
5116.2, Involuntary Student Transfers

5117, Interdistrict Attendance
5117, Interdistrict Attendance

5119, Students Expelled From Other Districts
5125, Student Records
5125, Student Records
5125.2, Withholding Grades, Diploma Or Transcripts
5131, Conduct
5131.1, Bus Conduct
5131.1, Bus Conduct

5131.2, Bullying
5131.2, Bullying
5131.4, Student Disturbances
5131.4, Student Disturbances
5131.5, Vandalism And Graffiti
5131.6, Alcohol And Other Drugs
5131.6, Alcohol And Other Drugs
5131.62, Tobacco
5131.62, Tobacco

5131.63, Steroids
5131.63, Steroids
5131.7, Weapons And Dangerous Instruments
5131.7, Weapons And Dangerous Instruments
5137, Positive School Climate
5138, Conflict Resolution/Peer Mediation
5142, Safety
5142, Safety
5144, Discipline
5144, Discipline
5144.2, Suspension And Expulsion/Due Process (Students With Disabilities)
5144.4, Required Parental Attendance
5144.4, Required Parental Attendance
5145.12, Search And Seizure

5145.12, Search And Seizure
5145.2, Freedom Of Speech/Expression

5145.2, Freedom Of Speech/Expression
5145.3, Nondiscrimination/Harassment
5145.3, Nondiscrimination/Harassment
5145.6, Parent/Guardian Notifications
5145.6-E(1), Parent/Guardian Notifications
5145.7, Sexual Harassment
5145.7, Sexual Harassment
5145.71, Title IX Sexual Harassment Complaint Procedures
5145.71-E(1), Title IX Sexual Harassment Complaint Procedures
5145.9, Hate-Motivated Behavior
5148.3, Preschool/Early Childhood Education
5148.3, Preschool/Early Childhood Education
6145, Extracurricular And Cocurricular Activities

6145, Extracurricular And Cocurricular Activities
6145.2, Athletic Competition
6145.2, Athletic Competition
6145.5, Student Organizations And Equal Access
6145.5, Student Organizations And Equal Access
6145.8, Assemblies And Special Events
6153, School-Sponsored Trips
6153, School-Sponsored Trips
6154, Homework/Makeup Work
6158, Independent Study
6158, Independent Study
6161.2, Damaged Or Lost Instructional Materials
6163.4, Student Use Of Technology
6163.4-E(1), Student Use Of Technology
6164.6, Identification And Education Under Section 504
6164.6, Identification And Education Under Section 504

6173, Education For Homeless Children
6173, Education For Homeless Children
6173-E(1), Education For Homeless Children
6173-E(2), Education For Homeless Children
6173.1, Education For Foster Youth
6173.1, Education For Foster Youth
6173.4, Education For American Indian Students
6184, Continuation Education
6184, Continuation Education
6185, Community Day School
6185, Community Day School
9000, Role Of The Board
9321, Closed Session
9321-E(1), Closed Session
9321-E(2), Closed Session
9322, Agenda/Meeting Materials

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